THE REPUBLIC OF UGANDA

IN THE CONSTITUTIONAL COURT OF UGANDA AT KAMPALA CONSTITUTIONAL PETITION NO. 39 OF 2017

1. THE FOUNDATION FOR HUMAN RIGHTS ] INITIATIVE ] PETITIONERS

2. LEGAL AID SERVICE PROVIDERS NETWORK UGANDA ]

VERSUS

1. ATTORNEY GENERAL OF UGANDA ] RESPONDENTS

2. ELECTORAL COMMISSION ]

PETITION

(Under Articles 137(1), (3) (a) and (b), (4) & (7) of Constitution of Uganda and the Constitutional Court (Petitions and References) Rules, S.I. 91/2005)

Brief facts

The Petitioners are petitioning the Constitutional Court to determine that sections 12 (a) and (b) of the Local Government (Amendment) Act, Act No. 16 of 2015, and the Election Commission guidelines for the LCI and LC II elections are in contravention of and inconsistent with various provisions of the Constitution of the Republic of Uganda which include; Articles 1 (4), 21, 33, 35, 45, 59 (1) (3) and (4), 68 (1) and 79 (1). The Petitioners are further seeking for both an interim and temporary injunction restraining the Attorney General and the Electoral Commission from conducting elections for Local Council Representatives I and II pending the hearing and determination of Constitutional Petition.

The Petition therefore seeks the following DECLARATIONS from court;

(a) THAT sections 12 (a) and (b) of the Local Government (Amendment) Act, Act No. 16 of 2015, in providing for elections of village or cell council and parish ward council by means of lining up behind a nominated candidate, their representatives, portraits or symbol is in contravention of and inconsistent with articles 1 (4), 21, 33, 35, 45, 59 (1) (3) and (4), 68 (1) and 79 (1) of the Constitution of the Republic of Uganda and thus null and void;

(b) THAT any actions conducted under the impugned provisions of section 12 (a) and (b) of the Local Government (Amendment) Act, Act No. 16 of 2015 are void ab initio and of no legal effect;

(c) THAT the Court hereby grants and issues such consequential Orders as follow from and are necessary to give effect to the Declarations in (a) and (b) above.

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